RAHUL KESHARWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) "Whether the application for bail of a co-accused, under Section 438 or 439 of the Code of Criminal Procedure, 1973 (for short 'the CrPC') filed for the first time, has necessarily to be placed before the very same learned judge who had occasion to consider similar application of the other accused involved in the same crime number, to be in conformity with the principles of 'judicial discipline' and to avoid the possible chance of any 'abuse of the process', forms the issue to be resolved.

(2.) The matter came to be listed before this Court, pursuant to the orders passed by the Chief Justice on the administrative side, taking note of the divergent opinions and orders issued by different learned Single Judges of this Court on the judicial side, necessitating a proper declaration of law in this regard, which cannot be done on the administrative side.

(3.) The above application has been filed by one of the co-accused in Crime No. 770 of 2018 registered at the Police Station, City Kotwali, Balodabazar, in respect of the offences punishable under Section 498-A, Section 34 of the Indian Penal Code, read with Sections 3 and 4 of the Dowry Prohibition Act, 1961 (wrongly typed as Dowry 'Protection' Act in the cause title). The Applicant states that it is his first bail application before this Court and in the affidavit filed in support thereof, it has been pointed out that bail application of the other co-accused has already been disposed of by this Court in MCrC(A) No. 775 of 2019 (Ram Chandra Kesharwani & Others v. State of Chhattisgarh) vide order dated 20.05.2019.